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Terms & Conditions

§ 1 Scope of Application; Contract Language 

(1) These General Terms and Conditions (GTC) shall apply to all agreements signed between you and us, Oner Active GmbH, Eduard-Bodem-Gasse 3, 6020 Innsbruck, represented by the business managers David Kurzmann, Lukas Kurzmann & Thomas Mark regarding this online shop.

(2) The language available for any agreement shall be exclusively the German language. Translations of these Terms and Conditions into any other language shall only serve for the purpose of information. In case of any difference between the language versions, the German text shall have precedence.

    § 2 Applicable Law; Mandatory Consumer Protection Regulations 

    (1) The law of the Republic of Austria shall apply without the possibility of recourse to the UN Convention for the International Sale of Goods if
               (a) you have your usual residence in Austria, or
               (b) your usual residence is in a country that is not a member of the European Union.

      (2) Austrian law shall also apply if you have your usual residence in a Member State of the European Union, with the mandatory rules and regulations of the country in which you have your usual residence remaining unaffected thereby.


      § 3 Preparation of the Agreement

      (1) The display of goods and services in our online shop shall not constitute a legally binding offer but a request for the placement of an order (invitatio ad offerendum).

      (2) By clicking the "Purchase" button in the last step of the order process you make a binding offer for purchasing or reserving the goods and/or services indicated in the order summary. Immediately after you send the order, you will receive an order confirmation, which however shall not yet constitute an acceptance of your contract offer. An agreement between you and us shall only come about when we accept your order or reservation by separate email or when we release the merchandise for shipment. Please check the Spam folder of your email inbox on a regular basis.

          § 4 Technical Steps before Signing the Agreement and Correction of Input Errors

            During the order process you first of all place the requested items into the shopping cart. You may subsequently change the requested number of items at any time or remove selected items altogether. If you have placed merchandise into the cart, and after clicking the "Continue" button, you will arrive at a page in which you can enter your data and then select the shipment and payment options. Finally, a summary page will open up where you can double-check your information. You can correct input errors (e.g. concerning the type of payment, dates, or the requested number of items) by clicking on the respective "Change" button. If you wish to abort the order process, simply close your browser window. Otherwise, after clicking the confirmation button "Purchase", your declaration will be binding within the meaning of § 3 para. 2 of these GTC.  

             

            § 5 Storage of the Contract Text

            The contract clauses with information about the ordered goods and reserved services including these General Terms and Conditions and our cancellation policy will be sent to you by email upon the acceptance of the contract offer or the confirmation thereof. We do not store the contract clauses.     

                 

            § 6 Registration with Our Online Shop; Processing of your Personal Data

            (1) You may place orders for our online shop merchandise as a guest or as a registered user. As registered user you do not have to input your personal data every time but simply log into your customer account before or during the order process with your email address and the password that you freely chose during registration. The registration alone does not create any purchase obligation for the goods offered by us.

            (2) You will find information about the processing of your data in our data privacy policy, which you can download from our online shop.

                § 7 Payment Terms

                (1) The purchase price shall become due immediately with the order.

                (2) You may make payment for the merchandise at your option by credit card or by a money transfer using any of our payment service providers PayPal, AfterPay, Clearpay, Stripe or Klarna.

                    § 8  Retention of Title

                      The merchandise shall remain our property until full payment is received by us. 

                       

                      § 9  Terms of Delivery; Customs Duties

                      (1) We ship the merchandise according to the agreements signed by you during the order process. The shipping costs are listed in the product description and shown by us separately on the invoice.

                      (2) We will try to release your order within 1-3 business days to the shipper and deliver the merchandise to you within the stipulated delivery time. However, in high season and during an ongoing sales campaign longer processing and delivery times are possible.

                      (3) In case of shipment to a non-EU country your order might incur additional taxes or costs (e.g. customs duties). These will not be paid or invoiced by us but must be settled by you directly with the competent customs or revenue office.

                          § 10 Right of Withdrawal

                            As a consumer you have a right of withdrawal in accordance with the information reproduced below. A consumer is any natural person entering into a legal transaction for purposes that cannot be attributed either to its commercial or independent professional work. Below is a literal reproduction of the cancellation policy as mandated by law.

                             

                            CANCELLATION POLICY   

                             

                            RIGHT OF WITHDRAWAL  

                            You have the right to withdraw from this agreement within fourteen days for any reason.

                            The withdrawal period shall be fourteen days from the day on which you or a third party designated by you that is not a shipper take possession of the goods.

                            In case of an agreement on a standing order for the supply of goods or services over a specified period, the withdrawal period shall be fourteen days from the day on which you or a third party designated by you that is not a shipper take possession of the goods.  

                            In order to exercise your right of withdrawal, you must notify us, Oner Active GmbH, Eduard-Bodem-Gasse 3, 6020 Innsbruck, office@oneractive.com, of your decision to withdraw from this agreement by means of an unambiguous declaration (e.g. letter sent by regular mail, email, or notification via WhatsApp or Messages App). For this purpose you may use the attached sample withdrawal form, which is however not mandatory.

                            For compliance with the withdrawal deadline it is sufficient for you to mail the notification regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.  

                                  

                            CONSEQUENCES OF WITHDRAWAL      

                            If you withdraw from this agreement, we must return all payments that we received from you, including any delivery costs (with the exception of extra costs incurred in connection with your choosing a type of shipment other than the most favorable standard shipping method offered by us) to you immediately and at the latest within fourteen days from the date on which we received notice regarding your withdrawal from this agreement. For this refund we will use the same payment means used by you in the original transaction unless explicitly agreed to with you otherwise; you will not owe any fees in connection with this refund.

                            We may refuse a refund until we are in possession of the returned goods or until you are able to prove that you have returned the goods, whichever is the earlier date.  

                            You must return the goods to us immediately and in any event at the latest within 14 days from the date on which you inform us about your withdrawal from this agreement. You are in compliance with this deadline if you send the goods before the expiration of the 14-day grace period.          

                            You are responsible for the direct costs of the return of the goods.

                            You are however responsible for any depreciation of the goods only if the loss in value is due to the fact that you handled the goods in a way that was not necessary for checking the quality, properties, and functionalities of the goods.

                                       

                            ADDITIONAL INFORMATION         

                            If you return merchandise, please use the original packaging if still available.           

                             

                            Withdrawal Form Sample

                            (If you withdraw from the agreement, please complete this form, and return it to us)           

                            To Oner Active GmbH, Eduard-Bodem-Gasse 3, 6020 Innsbruck, office@oneractive.com

                            I/we (*) hereby withdraw from the agreement signed by us/me (*) for the purchase of the goods (*) / the provision of the following services (*)    

                            • ordered on: (*) / received on (*)
                            • Name of costumer(s)
                            • Address of customer(s)
                            • Signature of customer(s)
                            • (only in case of notification by letter)
                            • Date

                            (*) Strike what does not apply          

                             

                            § 11  Warranty for the Purchase of Merchandise

                            (1) If the goods purchased and delivered in our online store are defective, you are entitled to demand supplementary performance, withdraw from the contract or reduce the purchase price (so-called warranty rights) within the framework of the statutory provisions. You are entitled to these warranty rights if the defects to the goods already existed at the time of delivery to you. In the case of defects that become apparent within a period of six months after receipt of the goods, we shall assume that these defects already existed at the time of delivery to you. In the case of defects that become apparent after expiration of six months since receipt of the goods and before expiration of the limitation period (see paragraph 2), you are entitled to the warranty rights if you can establish to us that these defects already existed at the time of delivery to you.

                            (2) The limitations period for warranty claims for the supplied merchandise is two years from the receipt of the merchandise. Claims for defects that we fraudulently concealed fall under the statute of limitations within the statutory limitations period.

                            (3) You have rights due to defects also in the context of a quality or shelf-life warranty if we explicitly and specifically issued such warranty for the sold merchandise.

                                § 12 Disclaimer

                                (1) We are legally liable in case of premeditated malice and gross negligence. Furthermore we are liable in case of a negligent breach of obligations whose fulfillment makes the proper performance of the agreement possible in the first place, the breach of which jeopardizes the execution of the contractual purpose and on the fulfillment of which you as a customer can normally rely. In the latter case we shall however be liable only for predictable contract-typical damages. The same shall apply to any breaches of duty on the part of our vicarious agents.

                                (2) The above disclaimers shall not apply in case of any injury to life, body, or health. Any liability under the product liability law shall not be affected hereby.

                                    § 13 Online Arbitration and Alternative Dispute Resolution; Severability Clause

                                    (1) The European Commission offers a platform for online dispute resolution (OS) http://ec.europa.eu/consumers/odr/.

                                    (2) We are not obligated or willing to participate in any dispute resolution proceedings under the German Consumer Dispute Resolution Act (VSBG - Verbraucherstreitbeilegungsgesetz).

                                    (3) In the event that individual provisions of this agreement are invalid, such event shall not affect the remaining provisions of this agreement.

                                       

                                       

                                      Status of the General Terms and Conditions: August 26, 2021